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Warning: Your Domain Name Could Infringe On Trademark Rights!
If you have or are about to purchase a domain name, YOU could be in trouble and you don't even know it yet... See, what the domain sellers won't tell you is that the domain name you are purchasing or have purchased can possibly infringe on trademark rights and you can lose that domain name or even worse. Trademark and servicemark laws apply not only off-line but on-line as well and they even apply to domain names. Now, a trademark generally applies to goods where as a servicemark applies to services. For the purpose of this article I will refer to trademarks as the same rules apply. A trademark can be a word, name, symbol, or device and it is used to distinguish and indentify the goods and services from one person or company from that of another. The purpose of a trademark is to prevent confusion in the eyes of the consumer relating to particular goods and services. Basically, they are in place to prevent unfair competition. So with that said, just because you purchased a particular domain name it does not necessarily mean you have exclusive rights to it. If there is a trademark in your domain name, the mark owner has a legal right to send you a "cease and desist" letter and possibly take that domain name away from you. If you don't believe a word I've said so far then I offer myself as proof because it happened to me. I recently lost one of my domain names under this exact same circumstance. For legal reasons I can't tell you the domain name as I agreed to make no further references to it, but there were two words in my domain name that were associated with a trademark. Now, I wasn't aware of this when I purchased the domain name. And I definitely wasn't aware of trademark laws. Don't be ignorant on the subject like I was. You can avoid any potential problems by educating yourself and thereby preventing the samething from happening to you. Don't make the same mistake that I did! Do your research before you buy a domain name and make sure there is NO trademark associated with that name. There are trademark search engines where you can type in a word or a phrase and it will tell you if it is a trademark. You can visit the United States Patent And Trademark Office (USPTO) website to do a trademark search: http://www.uspto.gov/ Now, in my case I chose not to fight the trademark dispute and gave up my domain name voluntarily. I felt it just wasn't worth the time, money and headaches to launch a fight over this. If this should ever happen to you, you do have rights and there are proper channels to go through to settle the dispute. Contact a lawyer who specializes in this field. And don't even think for one minute that this sort of thing can't happen to you. Trust me. If you have a trademark in your domain name it is only a matter of time before you get that letter in the mail like I did. There are numerous cases all over the internet concerning disputes over trademark and domain names. Don't you be one of them... If you would like more information on the subject of trademarks and domain names then I highly recommend you visit this website: http://www.chillingeffects.org/domain This article and any links associated with it are for informational purposes only and not intended as legal advice. As always, speak to an attorney who specializes in this field in the event of a dispute. Al Martinovic is the publisher of the Millenium Marketers Newsletter where you will find powerful concepts, killer strategies, useful tips and no bull business advice: http://www.milleniummarketers.com
Latest News:Site: Yahoo! News Search Results for news Jeff Ritter: Beware the Tampa QB, more fantasy news, views (Sports Illustrated) We're cruising full speed ahead into Week 2 of the NFL season. It's been a wild week of news, from Tom Brady's ligaments, to Vince Young's grumpiness. There have also been a few new stories that could affect your fantasy lineup this Sunday, such as ... Futures flat; Lehman buyout news, data awaited (Reuters via Yahoo! News) Stock index futures were little changed on Friday as investors awaited news on the fate of Lehman Brothers after a slide in its stock this week heightened fears over whether the investment bank can survive. Myanmar's Suu Kyi to get family letters, news mags (Reuters via Yahoo! News) Detained Myanmar opposition leader Aung San Suu Kyi has managed to wring small concessions from the ruling generals in the form of letters from her family and some international news magazines, her lawyer said on Friday. SEC Looks Into UAL Stock Scare; Implications For Online News? (CBS News) A ton of digits have been devoted to this in other spots but the SEC's decision to investigate takes it to another level. The backstory: a six-year-old news story about UAL declaring bankruptcy made it into the Tribune-owned Sun-Sentinel 's current news flow, was picked up by a Google (NSDQ: GOOG) News bot and, via a reporter for a newsletter, made it onto Bloomberg News. After a lot of buck ... JCDecaux in talks for News Outdoor Group in Russia (AP via Yahoo! News) French outdoor advertising firm JCDecaux SA said Thursday it is negotiating to buy Russian rival News Outdoor Group from global media company News Corp. JCDecaux and News Corp. in talks to combine outdoor ad groups (International Herald Tribune) The News Corp. chief executive, Rupert Murdoch, has recently expressed nervousness about investments in Russia, where News Outdoor generated the bulk of its revenue last year. Help News pick Stadium's greatest moment (New York Daily News) The News is marking the countdown to the final game at The House That Ruth Built by reflecting on Yankee Stadium's greatest moments - and we're asking you - the reader - to help us pick out the best of the best. Get Indexed and Ranked in Google News (Search Engine Journal) Google News can bring tons of traffic and boost your site performance. If you own news site and consider it ?newsworthy?, getting included in Google news is one of the first thing you should do: Make sure your site meets all requirements to be included: Shimon Sandler did a great job listing the factors that will help [...] News Corp tightens grip on Premiere with new CEO (Reuters via Yahoo! News) Rupert Murdoch tightened his grip on German pay-TV broadcaster Premiere by appointing News Corp executive Mark Williams as CEO in a move to get the company back on track. SEC Looks Into UAL Stock Scare; Implications For Online News? (paidContent.org via Yahoo! Finance) A ton of digits have been devoted to this in other spots but the SEC's decision to investigate takes it to another level. The backstory: a six-year-old news story about UAL declaring bankruptcy made it into the Tribune-owned Sun-Sentinel's current news flow, was picked up by a Google News bot and, via a reporter for a newsletter, made it onto Bloomberg News. Site: news - Google News Gas Supplies To Poland Stable, No New Caps Planned - Operator - CNNMoney.com
MORE RESOURCES: Site: Yahoo! News Search Results for domain names "Brews.com," other domain names up for auction through Sedo (Boston Business Journal) Sedo, an online marketplace for buying and selling domain names, has announced a list of domain names that will be up for sale in an upcoming auction. Fake Antispyware Purveyor Doubles as Domain Registrar (Washington Post) A cyber gang known for aggressively spreading fake anti-spyware programs through hijacked and malicious Web sites has become an authorized reseller of domain names. Security Fix has learned that this gang is using its access as a registrar to ease the process of creating new Web sites used to push their invasive software. Klikdomains.com, also known as Vivids Media GMBH, sells Web site names in ... Aggressive Fake Antispyware Seller an Authorized Domain Registrar (CircleID) A group known for aggressive distribution of bogus anti-spyware programs through hijacked and malicious websites is found to be also an authorized reseller of domain names. Vietnamese domain name unmarketable (Vietnam Net) Bridge ? Just 3,800 domain names have been registered in Vietnamese since they were first issued 18 months ago. Most site owners said they registered their domains in Vietnamese to not miss advertising opportunities on search engines like Google or Yahoo. Presented By: BuyDomains.com, get the domain name you want! (Tom's Hardware) Choose the premium domain name for your business from the world?s largest inventory and marketplace for domain names - BuyDomains.com. We?ve helped thousands of businesses get the name they want. Call 866-830-6476 and let our Domain Consultants help you! www.buydomains.com Ads by Pheedo Premium Domain Names Including Love.Me and MovieRentals.com to Be Part of Live, Open Domain Name Auction (PRWeb via Yahoo! News) Buying descriptive and easy to remember domains offers businesses a faster way to generate traffic and build brand awareness Domain Strategies Launches Slideshow.com - From Parked Domain to Thriving Business in 45 Days (PRWeb) Domain Strategies and Gil Benatar (domain owner) partnered to develop a parked domain into a full functioning site that is poised to grow in the secured presentation and image display market. Domain owners looking for a way to derive the full value of a domain name have turned to domain development companies like Domain Strategies to realize the dream. (PRWeb Sep 12, 2008) Read the full story ... September Hosting And Domain Promos (Web Host Industry Review) September 11, 2008 -- ( Sedo, the leading online marketplace for buying and selling domain names, today announced premium domains for its September GreatDomains Auction. 29 names crowd Rosemount ballot (Minneapolis-St. Paul Star Tribune) Interest mushroomed after a mass mailing encouraged residents to run, citing an eminent-domain controversy. Site: domain names - Google News Negotiating the Domain Name Thicket - E-Commerce Times
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